Lawyer Profile Detail
Barry B. Sookman
AREA OF EXPERTISE
Osgoode Hall Law School
Barry Sookman is a senior partner with McCarthy Tétrault in the Toronto office. He is the former Co-Chair of the firm’s Technology Law Group and was the head of the firm’s Internet and Electronic Commerce Group. Prior to that, he was head of its Intellectual Property Group for six years. He is one of Canada's foremost authorities in the area of information technology and intellectual property law.
Barry Sookman is the author of the leading seven-volume treatise, Sookman: Computer, Internet and E-Commerce Law (Carswell, 1999-2014); Copyright: Cases and Commentary on the Canadian and International Law, co-authored with Steven Mason and Prof. Carys Craig (2nd. Ed. Carswell, 2013), Intellectual Property Law in Canada: Cases and Commentary, co-authored with Steven Mason and Dan Glover (2nd. Ed. Carswell 2013); Computer, Internet and E-Commerce Terms: Judicial, Legislative and Technical Definitions (Carswell, 2001-2013); and Sookman: Computer Law: Acquiring and Protecting Information Technology (Carswell, 1989-1999). He is a contributing author to the following books: Gordon Henderson’s Copyright Law in Canada (Carswell, 1994); Barbara McIsaac’s The Law of Privacy in Canada (Carswell, 2000-2003), which was published by McCarthy Tètrault authors; George Takach’s The Software Business (McGraw Hill 1999); and Marco Giovanoli’s International Monetary Law: Issues for the New Millennium (Oxford 2000). Mr. Sookman is also the author of numerous articles dealing with information technology and intellectual property. As well, he is an adjunct Professor who teaches copyright and intellectual property at Osgoode Hall Law School.
Barry Sookman also has a substantial following in social media. He is a leading Canadian blogger on copyright, Internet, and information technology issues at his blog barrysookman.com which has been recognized in the 2012 and 2013 Clawbies. He also has a large following on Twitter @bsookman and LinkedIn @bsookman.
Mr. Sookman has consistently been ranked by authoritative Canadian and international guides as the top or among Canada’s top information technology and intellectual property lawyers. For example:
- Chambers Global (2005-2015) Information Technology: Consistently ranked as a "Star Individual" (higher than Band 1). "He wears the IT crown". "Barry Sookman’s clients consider him to be in a class of his own in Canada – no one else has his depth and breadth of knowledge and technological expertise." "Peers especially highlight his commercial IT and IP work, particularly in relation to copyright litigation and procurement transactions." Clients describe him as "lucid in his approach and capable of absolutely brilliant advice." "Barry Sookman is reputed for his top-rated copyright practice. He leads the firm's technology law group and is recognized as a leading practitioner in this area." "He is very talented". He "is a leading light in Canada for IT and comes highly recommended for his knowledge of computer, internet and e-commerce law." "He has an IQ of 190 zillion; he is remarkable. He is incredibly thorough, is very perceptive and quick." He "is recognised for his knowledge of both IT and IP law, and is also well regarded for copyright work." "He is one of only a few lawyers with that type of expertise." "Barry Sookman is a name that stands out in Canada for IT. He is widely acclaimed for his knowledge of computer, internet and e-commerce law. One interviewee enthused: "He is terrific, awesome - a great speaker and educator."
- Chambers Global (2015) Intellectual Property (ranked highest in Band 1): "Barry Sookman is universally regarded as one of Canada's foremost authorities on information technology and intellectual property issues. One client enthused: "He is excellent - he has the knowledge, the passion and the experience of how to navigate a matter to a successful conclusion."
- Chambers Canada (2016): Ranked in Privacy and Data Protection (Spotlight Table), Information Technology (Star Individual), and Intellectual Property (Band 1).
- Canadian Legal Lexpert Directory (2003-2015): Listed in Computer and IT Law (Most Frequently Recommended Lawyer), Technology Transactions (Consistently Recommended), and Intellectual Property Law (Repeatedly Recommended) categories.
- Best Lawyers (2008-2016): Ranked as the best Technology Lawyer of the Year, 2010, 2011, and 2015.
- Who’s Who Legal: Canada (2011-2014): "Most Highly Regarded" Individual. "Peers describe him as a "seasoned lawyer" who is in a "class of his own". "He is "the doyen on internet work" and is a "legend". "Barry Sookman is described by peers a ‘world class’ and ‘an inspiration for other lawyers operating in this space’."
- Euromoney Legal Media Group’s Managing IP (2013) award for Canada’s Outstanding IP Practitioner.
- Guide to the Leading 500 Lawyers in Canada published by Lexpert and American Lawyer (2003-2014): Top-ranked lawyer in information technology law and technology transactions.
- Iam: The World’s Leading patent and Technology Licensing Lawyers (2011-2014): "Barry Sookman garners plaudits for his commercial awareness and ‘enterprising approach’ to licence agreements"; among "’the absolute elite of licensing experts’. He maintains a thriving practice encompassing IP and IT transactions for an international clientele." "Barry Sookman has a wealth of experience in tech. he excels in transactions."
- Guide to the World’s Leading Technology, Media & Telecommunications Lawyers (2008): Ranked as the number one lawyer in Canada and among the world’s top three lawyers in the technology, media and telecommunication category.
- Lexpert Magazine (2006): Top-ranked lawyer on list of "Canada’s 100 Most Creative Lawyers."
- Who’s Who Legal: The International of Who’s Who of Business Lawyers (2008-2013): Described as the "highly capable Co-Chair of the Technology Group and former head of the Internet & e-Commerce Group."
- Guide to the Leading US/Cross-border Corporate Lawyers in Canada (2010) published by Lexpert. Leading Lawyer in Technology Transactions.
- Legal Media Group Best of the Best, Guide to the World’s Leading Lawyers (2009): Listed as one of the top Information technology experts in the world.
- Legal Media Group Best of the Best, Guide to the World’s Leading Lawyers (2005): Ranked as the top lawyer in Canada and listed among the Top 10 lawyers in the world in the fields of technology, media and telecommunications.
- PLC Which Lawyer? (2008): Ranked as a "Highly Recommended Individual" in the outsourcing category and as one of two leading individuals in the telecom and IT category.
Mr. Sookman has appeared on the cover of Lexpert magazine three times:
- June 2006 "Patent Trolls and Jury Trials, RIM’s Cautionary Tale"
- October 2003 "Getting IT: First-Mover Advantage in Information Technology"
- September 2000 "The Rise of the e-Commerce Lawyer"
Mr. Sookman has also appeared on the cover of CBA National magazine’s September 2013 "leading Information", Is you law firm exposed to cyber-espionage?
Mr. Sookman is very experienced in providing advice in connection with complex information technology/intellectual property transactions including outsourcing and other strategic procurement relationships, joint venture transactions, and licensing. He has been involved as lead lawyer in Canada’s biggest and most complicated domestic and international outsourcing deals.
He also provides advice in connection with protecting and exploiting intellectual property and new media products, and has extensive expertise on legal issues related to copyrights, privacy and data protection, E-Commerce and the Internet. He is also one of Canada’s leading lawyers on Canada’s anti-spam law CASL.
Mr. Sookman is also very experienced in intellectual property and information technology litigation and arbitration proceedings. In addition to providing strategic advice in connection with high-profile IP litigation, he has been involved in numerous cases, including the following:
- Cinar Corporation v. Robinson,  3 SCR 1168 (Supreme Court of Canada)
- Entertainment Software Association v. Society of Composers, Authors and Music Publishers of Canada, 2012 SCC 34 (Supreme Court of Canada)
- Alberta (Education) v. Canadian Copyright Licensing Agency (Access Copyright), 2012 SCC 37 (Supreme Court of Canada)
- SOCAN v. Canadian Assn. of Internet Providers  SCC 13 (Supreme Court of Canada)
- CCH Canadian Ltd. v. Law Society of Upper Canada  SCC 13 (Supreme Court of Canada)
- Robertson v. The Thomson Corporation  25 C.R. 363 (Supreme Court of Canada)
- Planification-Organisation-Publications Systèmes (POPS) Ltée v. 9054-8181 Québec Inc., 2014 FCA 185
- Equustek Solutions Inc. v. Google Inc., (BCCA, decision pending)
- Canadian Wireless Telecommunications Association v. SOCAN  FCA 6
- Apple Canada Inc. v. Canadian Private Copying Collective 2008 FCA 9
- Delrina Corp. v. Triolet Systems Inc.  17 C.P.R. 289 (Ont. C.A.)
- Nintendo of America Inc. v. Camerica Corp. , 34 C.P.R. (3d) 193 (Fed. T.D.), affirmed  31 C.P.R. (3d) 352 (Fed. C.A.)
- Keatley Surveying Ltd. v. Teranet Inc., 2013 ONSC 1361
- Robertson v. ProQuest Information and Learning LLC, 2011 ONSC 262
- Tariff 22 Proceeding (the Internet Copyright Tariff)  1 C.P.R. (4th) 417 (Copyright Board)
- Gemologists International Inc. v. Gem Scan International Inc. , 7 C.P.R. 225 (Ont. H.C.)
- Sega Enterprises Ltd. v. Codemasters Limited (unreported UK proceeding)
Mr. Sookman is a member of the Copyright Committee of the Patent Trademark Institute of Canada (PTIC). Mr. Sookman is a past chairman of the Canadian Bar Association ? Computer and Computer-Related Technology section. He is a member of the Association Litteraire et Artistique Internationale, the Computer Law Association and ITAC’s Legal Affairs Committee. Mr. Sookman is a former director of the Canadian IT Law Association. He is also a member and former member of the executive of the Toronto Computer Lawyers’ Group, and a member of the Licensing Executive Society and the Copyright Society of the USA. He is also a member of Osgoode Hall Law School’s IP Osgoode Advisory Board and the advisory board of the Canadian Chamber of Commerce’s Canadian Intellectual Property Council (CIPC). He is also a member of the advisory board of the global think tank CIGI. He is a graduate of Osgoode Hall Law School (1980) and was called to the Ontario bar in 1982. Mr. Sookman holds a BA from Concordia University (Interdisciplinary Studies in Science and Human Affairs) and a Master’s in Environmental Studies (MES) degree from York University (1980).
Schedule to Barry Sookman’s CV
Legal Writings and Lectures
Books and Articles:
Sookman: Computer, Internet and E-Commerce Law (seven volume treatise) (Carswell 1999-2014)
Sookman: Computer Law: Acquiring and Protecting Information Technology (three volume treatise)(Carswell 1989-1999)
Sookman: Computer, Internet and E-Commerce Terms: Judicial, Legislative and Technical Definitions (Carswell 2001-2013)
Copyright Cases and Commentary on the Canadian and International Law (2nd. Ed. Carswell, 2013) (co-authored with Steven Mason and Prof. Carys Craig)
Intellectual Property: Cases and Commentary on the Canadian Law (2nd. Ed. Carswell, 2013) (co-authored with Steven Mason and Dan Glover)
“COPYRIGHT CORNER: UNDERSTANDING FLAVA WORKS V. MYVIDSTER: DOES INLINE LINKING INFRINGE COPYRIGHT?” 59 J. Copyright Soc'y 723 (2012)
Copyright Reform for Canada: What Should We Do?, Woodrow Wilson International Center for Scholars, Issue 11, September, 2009
Barry Sookman, Copyright Reform for Canada: Consultation Submission (2009) 2 Osgoode Hall Rev. L. Pol’y 73; also published at 22 IPJ 1.
Why Canada Should Not Adopt Fair use: A joint Submission to the Copyright Consultations, (with Dan Glover) (2009) 2 Osgoode Hall Rev. L. Pol’y 55, also published at 22 IPJ 29
Case Comment: Society of Composers, Authors and Music Publishers of Canada v. Canadian Association of Internet Service Providers Canadian Journal of Law and Technology Vol 3 p149.
More Fickle than Fair: Why Canada Should Not Adopt A Fair Use Regime (with Dan Glover) The Lawyers Weekly
What Happens When Copyright Goes Digital, August 6, 2009 (with Stephen Stohn), National Post
Case comment on the CCH v. Law Society Case (in the Computer Technology Law Reporter)
Barry Sookman “The SAC Proposal for the Monetization of the File Sharing of Music in Canada: Does it Comply with Canada’s International Treaty Obligations Related to Copyright? 21-2 I.P.J. 159 – 189; also (2008) 1 Osgoode Hall Rev. L. Pol’y. 101
Barry Sookman “Facebook Fair for Copyright of Canada: Replies to Prof. Geist (2008) 1 Osgoode Hall Rev. L. Pol’y. 198
Barry Sookman “The Challenges to Privacy Posed by Technology” in Barbara McIsaac’s The Law of Privacy in Canada (Carswell, 2000 – 2001)
Barry Sookman and Bradley Crawford “Electronic Money: A North American Perspective” in International Monetary Law: Issues for the New Millennium (Oxford University, 2000)
Barry Sookman “Legal Framework for E-Commerce Transactions”  C.T.L.R. 85
Barry Sookman “Protection of Databases” in Copyright in Cyberspace (Otto Cramwinckel, 1997)
Barry Sookman “Copyright and Technology” in Henderson’s Copyright Law of Canada (Carswell, 1994)
Barry Sookman “Protecting Intellectual Property Rights in Computer Products and Related Technology” in George S. Takach’s The Software Business in Canada (McGraw-Hill Ryerson Limited 1997)
Barry Sookman “Knowledge-Based Businesses: The Business of the Future” in Business Law & Litigation: Trend Spotting for the 21st Century (for the 1999 Isaac Pitblado Lectures)
Barry Sookman “E-Commerce, Internet and the Law: A Survey of the Legal Issues” Vol. 48, UNB L.J. 119 (1999)
Barry Sookman “Copyright and the Information Super Highway: Some Issues to Think About” 11 I.P.J. 123 (1997) (Part 1) and 11 I.P.J. 265 (1997) (Part 2)
Barry Sookman et al “International Trade in Computer-Related Technology: The Impact of GATT and NAFTA” in Computer Law & Practice, Vol. 10, No. 3, (1994)
Barry Sookman “Developments in Information Technology Law”  5 C.T.L.R. 209
Barry Sookman “The North American Free Trade Agreement and Computers: A Summary,” Vol. 1, No. 5 Focus Americas (August, 1995)
Barry Sookman “International Differences and Copyright Protection for Software,”  5 C.T.L.R. 137
Barry Sookman “Canadian Computer Litigation: Where Are We and Where Are We Going?” Vol. 10, No. 11, Software Protection (April 1992)
Barry Sookman “Computer-Assisted Creation of Works Protected by Copyright” 5 I.P.J. 165 (1990)
Barry Sookman “Création Assistée par Ordinateur d’Oeuvres Protégeés par Le Droit D’auter, Vol. 2, No. 2, Les Cahiers du Propriété Intellectuelle (Jan. 1990)
Barry Sookman “Liability of Geographic Information System Providers” International Computer Law Advisor, (February 1990)
Barry Sookman “ALAI National Report on Computer-Assisted and Computer-Generated Works” in L’informitique et Le Droit D’auteur, (Les Editions Yvon Blais Inc., 1989)
Lecturers and Speeches Related to Computer, Internet, E-Commerce Law and Intellectual Property
April 24, 2014 – Fordham: 22nd Annual Conference on Intellectual Property Law and Policy: Orphan Works
April 17, 2014 – Electronic Retailing Association: CASL webinar presentation on CASL
April 15, 2014 – Canadian Centre for Ethics & Corporate Policy: Complying with Canada’s New Anti-Spam Legislation (CASL)
April 12, 2014 – CIGI Institute for New Economic Thinking: Law and Innovation: Is Intellectual Property a Path to Progress
April 7, 2014 – OBA: Countdown to Canada’s Anti-Spam Legislation: Make Sure You Are Ready
March 7, 2014 – ALAI Canada: Cinar v Robinson
March 4, 2014 – A Primer for the Legal Committee of the Global Automakers of Canada: CASL, the Final Regulations, the RIAs and the FAQs
February 18, 2014 – CASL webinar presentation for the Canadian Bar Association – British Columbia
February 7, 2014 – CASL presentation for Concordia University'
January 16, 2014 – Year in Review: Copyright (2013) for Law Society of Upper Canada (LSUC)
January 15, 2014 – CASL presentation for Software & Information Industry Association (SIIA)
November 13, 2013 – Canadian Institute: Regulatory Compliance for Financial Institutions Best practices for complying with the OSFI B-10 outsourcing regulations
November 7, 2013 – Quebec Bar Association Conference on Anti-Spam Law
October 25, 2013 – IT.CAN Complex IT Service Agreements (Panel)
October 10, 2013 – IP Osgoode, User Generated Content under Canadian Copyright Law: Is the UGC exception in conformity with international treaty standards?
October 8, 2013 – Canadian Publishers’ Council: Canada’s Anti-spam Law (CASL): A Primer for members of the Canadian Publishers’ Council
October 5, 2013 – Association of Canadian General Counsel: Cloud Computing: Security and Privacy Challenges and Legal Risks
September 30, 2013 – Ontario Bar Association TECHxpo 2013, Ethical and Efficient Ways to Use Social Networking in Business Development
September 27, 2013 – Canadian Association of University Solicitors (CAUS) 2013 Conference Canada’s Anti-spam Law (CASL)
September 17, 2013 – US Federal Circuit: Trade and Intellectual Property Issues in Global Recovery Economies: Best Practices, Significant Recent Developments: Internet and Copyright
June 27, 2013 – Toronto Computer Lawyers’ Group: The Year in Review: Developments in Computer, Internet, and E-Commerce Law (2012-2013)
June 18, 2013 – IT.CAN Spring Program: Representations, Warranties and Indemnities – A Primer (with Helen Aston IBM)
June 6, 2013 – The Six-Minute Business Lawyer 2013, The Law Society of Upper Canada, Current Issues in Negotiating IT Contracts – Challenges of Cloud Computing
May 24, 2013 – McCarthy Technology Law Summit
May 9, 2013 – CLHIA 2013 Compliance and Consumer Complaints Annual Conference: Putting all the pieces together: Canada’s Anti-spam Law (CASL)
April 5, 2013 – Fordham: 21st Annual Conference on Intellectual Property Law and Policy: Performance Rights in Copyright: Public, Private or “Digital”? Cablevision: How It and Its Doctrines Have Fared Around the World
February 26, 2013 – Justice Canada: Intellectual Property and Information Technology Law Training Day Keynote Address: Legislative and Judicial Approaches to Internet Regulation: Case Study, Canada’s Anti-SPAM Law (CASL)
February 2, 2013 – Canadian Vehicle Manufacturers' Association (CVMA) CASL and its impacts on vehicle manufacturers
January 18, 2013 – York University: presentation on CASL and its impacts on universities
January 10, 2013 – Law Society: 17th Annual Intellectual Property Law, The Year in Review – Copyright
November 3, 2012 – RUIT Conference: Link to Technology Dynamically: Copyright a Year in Review
April 25, 2012 – Law Society of Upper Canada: Old Rules for New Issues with New Media: Is There a Gap in IP Law? Employment Law and the New Workplace in the Social Media Age
September 20, 2012 – McCarthy Tétrault Law Summit: What Every Business Needs to Know About Technology Law
October 2, 2012 – University of Toronto Law School: ESA v SOCAN
October 4, 2012 – C.D. Howe Institute: Streaming the Supreme Court on Downloaded Music Royalties: Who Wins, Who Loses, Who Pays?
September 20, 2012 – Law Society of Upper Canada, The Twelve-Minute Civil Litigator 2012: Impact of the Internet on Contract Law and the Principles of Offer and Acceptance (Century 21 Canada v Rogers Communications)
June 28, 2012 – Portfolio Management Association of Canada: Update of CASL
June 21, 2012 – TCLG: Year in Review: Developments in Computer, Internet and E-Commerce Law (2011-2012)
June 19,2012 – IT.CAN 2012 IT Law Spring Forum: IP Indemnities – A Primer
June 14, 2012 – LEXPERT: Anti-Spam Presentation
April 17, 2012 – Law Society of Upper Canada: Commemoration of Holocaust Remembrance Day 2012: Working Through Copyright Issues
February 2, 2012 – Association of International Automobile Manufacturers of Canada: CASL
January 12, 2012 – Law Society of Upper Canada: 16th Annual IP Law, The Year in Review
October 27, 2011 – IT.CAN 15th Annual Conference: “IP Update – Copyright”
October 21, 2011 – Osgoode York University: Copyright Conference: “Can Canada Learn Anything from Europe?”
October 14, 2011 – Canadian Tire conference on CASL
September 22, 2011 – Canada’s Anti-spam Law: Spam & Spyware: Risks in E-Commerce
September 2011 – LEXPERT: Canada’s New Anti-Spam Legislation: A Very Wide Objective, A Very Wide Swath
September 6, 2011 – Osgoode: Intellectual Property Law & Technology Program: Technology Focus: Internet and IT
August 5, 2011 – ABA: Forum on the Entertainment and Sports Industries: CyberRogues and Web Pirates! New Frontier of Counterfeits and Squatters in Film, Fashion & Music
June 15, 2011 – Toronto Computer Lawyers Group: Year in Review: Developments in Computer, Internet and E-Commerce Law (2010 – 2011)
February 3, 2011 – University of Toronto: Understanding Bill C-32, Copyright Modernization Act – Fair Dealing and Related New Exceptions
January 26, 2011 – IT.CAN Quarterly Roundtable Series: Impacts of the New Anti-Spam and Anti-Spyware Legislation (Bill C-28)'
January 13, 2011 – Law Society of Upper Canada: 15th Annual Intellectual Property Law: The Year in Review, Copyright Update
December 8, 2010 – Insight: Rights and Copyright Bringing Canada into the 21st Century – Bill-32: Legal Protection for TPMs
November 24, 2010 – Toronto Intellectual Property Group (TIPG): Here We Go Again: Copyright Reform and Bill C-32
November 17, 2010 – Osgoode Professional Development CLE program, Understanding Bill C-32
November 11, 2010 – ITAC: Implications of Bill C-32 on software and networking
November 2, 2010 – McCarthy/Edelman Digital Social Media Summit
October 29, 2010 – IT.CAN 14th Annual Canadian IT Law Association Conference: Recent Developments in IT Law
June 22, 2010 - Ministry of Government Services IT and e-Commerce law, the Year in Review
May 26, 2010 – Toronto Computer Lawyers’ Group: A Year in Review Developments in Computer, Internet and E-Commerce Law (2009-2010)
February 17, 2010 – Liberal Party Roundtable on the Digital Economy: Copyright, Intellectual Property Protection and the Future of Broadcasting in the Internet Age (Ottawa)
January 14, 2010, 14th Annual Law Society Intellectual Property Law – The Year In Review (Copyright 2009)
October 22-23, 2009 – IT.CAN, 13th Annual Canadian IT Law Association Conference, Conference Co-Chair, and Current Trends in Limits of Liability and Indemnification (Moderator)
October 14, 2009 – Woodrow Wilson Center: Internet Piracy: Copyright Law in Canada and the United States
September 30, 2009 - Conference Board: Intellectual Property Rights Roundtable in Ottawa
September 25, 2009 – Woodrow Wilson International Center for Scholars: Copyright Law in Canada and the United States: The Digital Challenge
August 10, 2009 – Halifax Roundtable on Copyright Consultation for Minister of Canadian Heritage and Official Languages
May 29, 2009 – McCarthy Tétrault LLP Anti-Spam Bill Raises Concern (Webinar with Lorne Salzman and Charles Morgan)
May 19, 2009 – TCLG & E-Commerce Section of OBA: Year in Review, Developments in Computer, Internet and E-Commerce Law
April 30, 2009 – May 1, 2009 – IT.CAN LSUC Annual Spring Training Program
February 23, 2009 – ITAC, Copyright Reform in Canada Bill C-61 – An Overview
January 15, 2009 – LSUC 13th Annual IP Law: Year in Review, Update on Copyrights presentation with Glen Bloom
October 27, 2008 – IT.Can, 12th Annual Canadian IT Law Association Conference, Moderator
October 22, 2008 – Insight Conference: Entertainment Industries Summit: Emerging and Ongoing Canadian Copyright Issues
May 28, 2008 – Conference Board: Intellectual Property Rights Conference: A Catalyst for Innovation
May 14, 2008 – Insight Conference: (Program Chair) Copyright in Canada
April 3, 2008 – Open Innovation/Collaboration: Technology in Bloom, New Developments in Technology Law (OBA)
March 30, 2008 – Insight Conference: (Moderator) Global Licence for the Monetization of the File-Sharing of Music on the Internet
January 18, 2008 – Law Society of Upper Canada, 12th Annual IP Law: Year in Review Conference: Are IP Rights Out of Control?
November 20, 2007 – York University, Recent Computer and Internet Law Developments in IP
October 23, 2007, Canadian Institute: (Moderator) Entertainment Industries Summit
September 19, 2007, Ministry of Government Services Commercial Law Group: Risk Issues in Outsourcing
June 27, 2007, Toronto Computer Lawyers’ Group, “The Year in Review: Computer, Internet and E-Commerce Law”
June 15, 2007, Osgoode Hall Law Professional Program, “Copyright Remedies”
May 23, 2007, Computer Law Association (Host) “Computer Intelligence”
May 14, 2007, 7th Annual IT.Can IT Law Spring Program, “Security and Privacy Issues in Outsourcing Transactions”
March 22, 2007, Canadian Institute: (Moderator) Copyright Reform: Protecting Creators’ Rights in the Digital Age
March 21, 2007, Booknet Canada: Technology Forum 2007: Digitization and the Future of Canadian Publishing: The Fight over Copyright
February 28, 2007, Dalhousie Law and Technology Institute: User Rights and Copyright: Right, Metaphor, Red Herring?
October 26, 2006 – Insight: Entertainment Industry Summit, Toronto, “Copyright Reform: Bringing Canada Up to Global Standards” (Moderator of Panel)
October 5-7, 2006 – Future of Music: 6th Annual Summit, “Format Wars: Digital Rights Management and Interoperability”
September 26, 2006 – Toronto Computer Lawyers’ Group: Annual Conference, “The Year in Review 2005-2006”
June 23, 3006 – CIO Canada: Outsourcing Summit 2006, “Termination or Remediation ? Resolving a Bad Deal”
May 29-30, 2006 – IT.Can: 6th Annual Spring Training, “IT Law Considerations for Online Transactions”
May 25-26, 2006 – Osgoode: IP Licence Agreements, “Representations and Warranties in Licence Agreements”
April 23-25, 2006 – International Publishers’ Association: 6th Annual Copyright Symposium, “Tensions in Copyright”
April 21, 2006 – Fordham University: 14th Annual IP Conference, “IP Law and Policy, Canada and Copyright: Rogue State or Role Model?”
April 6, 2006 – Licensing Executive Society: “RIM ATS NTP: “What Happened?”
March 24, 2006 – ALAI Canada: “Influence on Canadian Copyright Law”
March 27, 2006 – OBA: Technology in Bloom 2006, “Recent Copyright Developments”
March 3, 2006 – Rotman School of Business: “Protection for Technological Measures in Canada — What Should Canada Do?”
January 25, 2005 – “Information Outsourcing” CLA Conference (Host)
February 15, 2005 – “Sound Bytes, Sound Rights: Canada at the Crossroads of Copyright Law: The Music Industry after BMG v. John Doe,” University of Toronto Conference
February 15, 2005 – “Implications of the Patriot Act on Outsourcing in Canada,” (Chair) IT Canada Roundtable
February 24, 2005 – “Software and Technology Agreements,” Insight Conference
April 8, 2005 – “Is Copyright Keeping Up With Changes in Technology?” CBAO Conference on Technology In Bloom
April 8, 2005 – “Distribution Challenges in the Digital Universe,” Law Society of Upper Canada
May 12, 2005 – IT.Can Spring Training Program (Chair)
June 1, 2005 – “The Year in Review,” Toronto Computer Lawyers’ Group
June 16, 2005 – “To Outsource or Not: Yes, No, Maybe ?– How Will I Know?” CIO Outsourcing Summit
September 15, 2005 – “Technological Protection Measures: Do the Anti-Tampering Provisions Go Too Far, or Not Far Enough?” Insight: Copyright Reform in Canada
September 16, 2005 – “Recent Issues in Copyright,” Association of Corporate Counsel, Mount Tremblay
September 16, 2005 – Insight Conference on Copyright Reform (Chair)
October 3, 2005 – “Canadian Copyright Reform – An Overview for the Canadian Publishers’ Counsel,”
October 25, 2005 – “Bill C-60 and Copyright Reform in Canada – The Issues, Players, and Moving Forward,” Osgoode Forum
October 28, 2005 – IT.Can Annual Meeting, “International IT Law Update” (moderator), and debate (with David Basskin) and Professor Kerr and Professor Geist on legal protection for technological protection measures
October 6, 2004 – “Significant Issues in Internet Law,” CASCON 2004
September 20, 2004 – “The implications of the Tariff 22 Decision,” IT.Can
September 19, 2004 – “Internet Liability: The Tariff 22 Case,” CBAO
June 4, 2004 – “Copyright in the Internet Age,” CAB, CCTA Copyright Symposium
June 2, 2004 – “Critical Issues in Outsourcing,” CIO Outsourcing Summit
May 31, 2004 – “Computer and Internet Law: A Year in Review,” Toronto Computer Lawyers’ Group
May 26, 2004 – “Protecting Intellectual Property Rights in IT Products” (Moderator of panel), IT.Can Spring Training Programme
May 26, 2004 – “Originality in Copyright Law” (Moderator of panel) ALAI Conference
May 11, 2004 – “Law and Politics of Open Source,” University of Toronto
April 6, 2004 – “The implications of the CCH v. Law Society Case for Canadian Publishers,” Canadian Copyright Institute AGM
March 30, 2004 – “Internet Jurisdiction,” Netlaw
February 25, 2004 – “New and Changing Business Models for Distribution of Music and Other Content,” MIT/Schulich Enterprise Forum
February 7, 2004 – “IP issues in Public Procurements,” the IP Procurement Conference
October 24, 2003 – IT.Can “Developing Interoperable and Competing Products Under Copyright and Trade Secret Law”
October 14, 2003 – Dalhousie University, Law and Technology Eminent Speaker speech “Influence of American Copyright on Canadian Copyright Law”
October 2, 2003 – IT.Can Moderated Talk on Electronic and Internet Evidence
May 28, 2003 – Toronto Computer Lawyers’ Group “IT-Internet Law – The Year in Review”
May 13, 2003 – IT.Can “Internet Law Update”
May 5, 2003 – CIO Summit panellist on Legal Issues in Outsourcing
March 4, 2003 – 45th Circuit “Enforceability of On-line Contracts”
January 21, 2003 – ALAI Canada “Influence of American Copyright Law in Canada”
May 29, 2002 Insight –Jurisdiction and the Internet
May 14, 2002 Toronto Computer Lawyers’ Group – “Annual Computer/Internet Year in Review”
April 22, 2002 CCCA Conference – Protecting Intellectual Property Rights in the Canadian and International Market Place
April 6, 2002 IT.Can Conference on Managing and Minimizing Foreign Jurisdictional Risks on E-Commerce
March 21, 2002 NetLaw Conference – E-Commerce
January 24, 2002 Chair IT.Can Roundtable on Privacy
December 5, 2001 Canadian Institute – Structuring IP Licence Agreements
November 7, 2001 CBAO – Privacy - What is Personal Information?
June 20, 2001 Canadian Institute – E-commerce Issues
June 2001 Osgoode Hall Law School – Commercial Legal Drafting in E-Commerce
March 26, 2001 Canadian Bar Association – Internet and E-Commerce
March 8, 2001 Net Law Conference – chaired conference and gave speech on E-Commerce Legislation
February 12, 2001 Canadian Institute – Due Diligence in Internet and E-Commerce Transactions
January 15, 2001 – Law Society Conference on Protecting Intellectual Property in Information Technology Assets (chaired conference)
December 6, 2000 Canadian Institute – Structuring IP Licence Agreements
November 15, 2000 Canadian Institute – Privacy Protection in Canada
November 10, 2000 University of Waterloo – Incorporating Privacy into Security Domain
October 31, 2000 Insight – Legal Framework for E-Commerce Transactions
October 26/27, 2000 Fried Frank in New York – Critical Issues for General Counsel: Emerging Issues in Technology Law
October 19/20, 2000 IT.Can – From Bricks to Clicks: E-Business, Moderated Panel on International Internet Regulatory Issues
October 11, 2000 Institute for International Research – E-Commerce Law: Implementing Legally Compliance E-Commerce Programs to Mitigate Risk and Reduce Loss
October 4, 2000 Ontario Chapter of Risk & Insurance Management – Cyber-Risk: E-Commerce and Risk Management
September 22, 2000 Marsh Canada – Liabilities Arising from Internet and E-Commerce (E-Commerce)
September 7, 2000 University of Toronto Centre for Innovation Law & Policy – E-Commerce Legislation in Canada
June 27, 2000 Canadian Institute – Intellectual Property On-Line
June 2, 2000 Canadian German Association – E-Commerce Law Issues
May 26 2000 McKinsey & Co. – gave speech to McKinsey clients on Turbo Charging Internet Businesses
May 9, 2000 Toronto Computer Lawyers’ Group – Caselaw Update
May 4, 2000 IT/CAN Law Association – Bill C-6, Privacy and Internet Issues
April 18, 2000 Television Interview with CBC – Copyright and the Internet
March 31, 2000 - Public Key Infrastructures (PKIs): Practical and Legal Considerations for Maintaining Privacy and Confidentiality in E-Commerce - Netlaw 2000 Conference
March 31, 2000 Canadian Institute – Netlaw Conference – Public Key Infrastructures and E-Commerce
March 22, 2000 INFONEX – Minimizing and Managing Risks Involved in Internet Commerce
March 19, 2000 INFONEX – Bullet-Proofing Your On-Line Business
January 28, 2000 Canadian Bar Association Institute – Developing and Implementing Privacy Policies
January 27, 2000 - Security of Information on the Internet – CBAO
January 27, 2000 Canadian Bar Association Institute – Security of Information in E-Commerce Transactions
December 9, 1999 - Liability Without Leaving Home: The Law of the Internet - The Canadian Institute
November 19, 1999 - Knowledge-Based Businesses: The Businesses of the Future - Pitblado Lectures - The Law Society of Manitoba
October 14-15, 1999 - Bill C-54: Sharing Information and Targeting Customers - Insight Second Annual 1999 Advertising Forum
September 13, 1999 - Security and Confidentiality Issues in E-Commerce - The Institute for International Research
June 17, 1999 - Protecting Intellectual Property Rights in E-Commerce - First Joint Canadian IT Law/CLA Conference (Moderator)
April 12, 1999 - Privacy and Security Issues in E-Commerce - Netlaw Conference
March 25, 1999 - Legal Issues Involving E-Commerce and the Internet – CBAO
February 24, 1999 - Information and Data Privacy – E-Commerce in the Year 1999
February 23, 1999 - Legal Issues Related to the Year 2000 - Infonex Conference (Chair)
February 9, 1999 - Information Technology Law Up-Date – gave speech to the Toronto Computer Lawyers’ Group
November 30, 1998 - The Law of E-Commerce, Strategy Institute
November 26, 1998 - E-Commerce, Second Annual Canadian Information Technology Law Conference
November 5, 1998 - Commerce on the Internet: Legal Issues, Paper on Corporate Internet Policies (Chair of Conference)
October 20, 1998 - Copyright and Content Issues on the Web, International Trademark Association Annual Meeting
October 6, 1998 - Contracting for Information Technology, Osgoode Hall Law School
September 24, 1998 - Outsourcing Contracts Conference, Federated Press (Chair)
June 22, 1998 - Intellectual Property in the Digital Universe, Infonex (Chair)
April 18, 1998 - Copyright and the New Digital Agenda, New Developments in Communications Law and Policy: Towards the Millennium, Law Society of Upper Canada
March 2, 1998 - Contracting for Information Technology - Outsourcing Agreements, Osgoode Hall Law School Professional Development Program
February 24, 1998 - Expert Purchasing of Information Technology, Federated Press (Chair)
January 29, 1998 - Doing Business Over Global Networks - CBAO Ontario
November 27 and 28, 1997 - co-chaired and organized first Canadian conference of the Information Technology Canada Law Association
September 17, 1997 - Osgoode Hall Law School Continuing Legal Education Programme - Organized and chaired conference on “Doing Business on the Internet”
September 10, 11, and 12, 1997 - ITU Conference Switzerland – “Jurisdiction and the Internet”
June 13, 1997 - Dayton School of Law – “Jurisdiction and the Internet”
June 3, 1997 - Canadian Business Press – “Legal Issues Involved in On-Line Publishing”
April 29, 1997 - Infonex - "Intellectual Property Issues for Business Agreements”
April 24 & 25, 1997 - Computer Law Association Washington - "Legal Developments in Information Technology and Communications in Canada”
March 25, 1997 - Osgoode Hall Law School Continuing Legal Education Program - "Legal Implications of Doing Business over the Internet"
March 7, 1997 - "Legal Issues Related to the Internet" (Canadian Music Week)
January 14, 1997 - Speech to Toronto Computer Lawyers’ Group - "Recent Developments in Information Technology Law”
October 30, 1996 - York University, Osgoode Hall Law School - "Copyright and Information Technology"
April 18, 1996 - Thomson & Thomson Forum - "The Impact of New Technologies on Copyright"
April 9, 1996 - Toronto Computer Lawyers' Group - "Case Law Update"
March 21 & 22, 1996 - National Intellectual Property Law Institute - "Strategic International Issues in Enforcing Copyright Issues in Computer Software"
February 23, 1996 - Moderator Colloquium of ALAI Canada on Multi- Media and Information Highways
February 1, 1996 - Canadian Business Press Seminar - "An Editor's Guide to Going On-Line"
June 19 & 20, 1995 - Insight Conference - "The Business of Licensing and Merchandising Legal and Practical Issues for Successful Licensing"
March 29, 1995 - Infonex Conference - "Software and the Electronic Distribution of Information Products"
Digital Privacy Act is Now Law
The Year in Review: Developments in Computer, Internet and E-Commerce Law (2014-2015)
LSUC: The Year in Review 2014: Copyright
The Year in Review: Developments in Computer, Internet and E-Commerce Law (2013-2014)
Law and Innovation: Is Intellectual Property a Path to Progress
SCC Strikes Down Alberta Privacy Legislation on Speech Grounds
The Year in Review: Developments in Computer, Internet, and E-Commerce Law (2012-2013)
Copyright and Industrial Design Developments
Advanced Software Licensing Issues and Trends
Intellectual Property in 21st Century Organizations
McCarthy Tétrault practitioners are among the best lawyers
McCarthy Tétrault partner Barry Sookman appointed one of five CIGI Advisory Committee experts
McCarthy Tétrault partners Alfred Macchione and Barry Sookman named IP Stars
McCarthy Tétrault files brief in U.S. Supreme Court
McCarthy Tétrault publishes comprehensive guide to help organizations prepare for Canada’s Anti-Spam Legislation
McCarthy Tétrault celebrates Clawbie awards
McCarthy Tétrault lawyers publish new edition of Canadian and International Copyright Law Casebook
McCarthy Tétrault has one of Canada’s most innovative patent teams
McCarthy Tétrault is honoured with two Managing IP North America Awards
McCarthy Tétrault lawyers collaborate on new edition of intellectual property case law book
Transactions & Cases
Enbridge Inc. Transfers Canadian Liquid Pipelines Business and Renewable Energy Assets to Enbridge Income Fund for C$30.4 billion
Supreme Court of Canada makes landmark decision in copyright of music downloads
Algorithmics completes US$380.2 million sale to IBM
Research in Motion Limited completes acquisition of Gist
Scotiabank completes acquisition of E*Trade Canada
Royal & Sunalliance Canada selects CGI for seven-year C$90 million IT services contract
SOCAN and copyright infringement by Internet Service Providers (ISPs)